China’s State Council Releases 2025 Legislative Plan
Published 19 May 2025
Xia Yu
On 14 May 2025, the General Office of the State Council of China issued its 2025 Legislative Plan (“Plan”), which involves the revision and formulation of laws and regulations in the areas of high-quality development, science, education, and culture, and foreign-related rule of law. The Plan clarifies that the focus of the State Council’s legislative work in 2025 includes 16 laws to be submitted to the Standing Committee of the National People’s Congress (“Standing Committee”) for deliberation and 30 administrative regulations to be formulated and revised. Among them, the laws and regulations related to intellectual property rights (“IPR”) include the Trademark Law, Provisions of the State Council on the Handling of Foreign-Related Intellectual Property Disputes, Regulation on the Protection of New Plant Varieties, Regulation on the Protection of Traditional Chinese Medicine Knowledge, Regulation for the Implementation of the Copyright Law, Regulation on the Collective Administration of Copyright, and Regulation on Protection of Integrated Circuit Layout Design.
In terms of implementing the strategy of rejuvenating the country through science and education and building a socialist cultural powerhouse, the IP legislative priorities of the State Council include: submitting the draft amendment to the Trademark Law to the Standing Committee for deliberation; amending the Regulation on the Protection of New Plant Varieties; preparing to formulate the Regulation on the Protection of Traditional Chinese Medicine Knowledge; and preparing to revise the Regulation for the Implementation of the Copyright Law, the Regulation on the Collective Administration of Copyright, and the Regulation on Protection of Integrated Circuit Layout Design.
The draft amendment to the Trademark Law, drafted by China’s National Intellectual Property Administration (“CNIPA”), was published on 13 January 2023 for public comment. The main contents of the draft amendment are to regulate malicious preemptive registration, strengthen trademark use obligations, optimize the review process, strengthen agency supervision, and increase the infringement cost. After the solicitation of public opinions, a total of 3,418 feedbacks were received, of which 2,730 were adopted or partially adopted.
The State Council promulgated the current Regulation on the Protection of New Plant Varieties, which was implemented on 29 July 2014. The latest 2025 Revision of the Regulation, revised by the Ministry of Agriculture and Rural Affairs, was released on 1 May 2025, and will be implemented on 1 June. The 2025 Reversion expands the scope of protected objects and infringements; introduces the substantial derived variety system: extends the protection period to 20 years for vines and 25 years for woody plants; restricts the conditions for granting variety rights in terms of novelty and naming; optimizes the application and examination procedures; and strengthens the legal responsibility and rights protection mechanism.
According to the Plan, the State Council plans to formulate the Regulation on the Protection of Traditional Chinese Medicine Knowledge in 2025 as China’s first legal framework for systematically protecting traditional Chinese medicine knowledge. On 25 October 2021, the State Administration of Traditional Chinese Medicine issued a draft Regulation on the Protection of Traditional Chinese Medicine Knowledge for public opinion. The draft aims to solve the problem of loss and abuse of traditional knowledge through registration and certification, database construction, and benefit-sharing mechanisms. According to the draft, the traditional knowledge refers to the theories, techniques, and symbols of traditional Chinese medicine that have been accumulated through the long-term practice of the Chinese nation, inherited from generation to generation, and have real or potential value. During the National People’s Congress (“NPC”) meeting in March 2024, NPC deputies once again called for the early formulation of the regulation. Therefore, the regulation is likely to be promulgated in the second half of this year.
The current Regulation for the Implementation of the Copyright Law and Regulation on the Collective Administration of Copyright were promulgated by the State Council on 30 January and 7 December 2013, respectively. The former is a supporting administrative regulation of the Copyright Law, which details and clarifies the content of relevant provisions in terms of the definition and type of works, ownership and exercise of rights, protection period of rights, fair use and statutory licenses, infringement liability, and administrative penalties. The latter is China’s core regulation for regulating the operation of copyright collective management organizations, including the China Music Copyright Association and the China Literary Copyright Association, aiming to balance the interests of rights holders, users, and the public. On 11 November 2020, the Standing Committee amended the Copyright Law for the third time. In light of the Copyright Law’s revision and technological development needs, the State Council plans to revise the two regulations in 2025.
The Regulation on Protection of Integrated Circuit Layout Design is China’s core regulation for protecting the exclusive rights of integrated circuit layout designs and promoting technological innovation. Since its promulgation and implementation on 1 October 2001, it has been over 20 years. To adapt to the new needs of the digital economy and technological innovation, the State Council decided to revise the regulation. On 26 December 2024, the CNIPA announced a draft amendment to the regulation for public comments. The main contents of the draft amendments involve improving the registration and confirmation procedures, strengthening the protection of layout-design exclusive rights, promoting the implementation and use of layout-design, and strengthening the connection between administration and justice.
In terms of strengthening the rule of law in foreign-related matters and improving the legal system in foreign-related matters, the State Council plans to formulate the Provisions of the State Council on the Handling of Foreign-Related IP Disputes to improve the mechanism for handling foreign-related IP disputes. On 19 March 2025, the State Council issued the Provisions jointly drafted by the Ministry of Justice, the CNIPA, and MOFCOM. It, implemented since 1 May 2025, has a total of 18 articles, aiming to strengthen IP protection, optimize the mechanism for handling foreign-related IP disputes, safeguard the legitimate rights and interests of Chinese citizens and organizations, and promote high-level opening up and high-quality economic development through measures such as strengthening IP services and information sharing, improving corporate response capabilities, regulating overseas investigations and evidence collection, countering discriminatory measures, and multi-subject collaborative governance.
In conclusion, the State Council’s IP legislation plan 2025 should be completed on time because some of them, such as the Provisions of the State Council on the Handling of Foreign-Related Intellectual Property Disputes and the Regulation on the Protection of New Plant Varieties, have been completed; some, such as the Trademark Law, the Regulation on the Protection of Traditional Chinese Medicine Knowledge and the Regulation on Protection of Integrated Circuit Layout Design, have been published for public comment; and others, such as the Regulation for the Implementation of the Copyright Law and the Regulation on the Collective Administration of Copyright, are also under revision.
In terms of implementing the strategy of rejuvenating the country through science and education and building a socialist cultural powerhouse, the IP legislative priorities of the State Council include: submitting the draft amendment to the Trademark Law to the Standing Committee for deliberation; amending the Regulation on the Protection of New Plant Varieties; preparing to formulate the Regulation on the Protection of Traditional Chinese Medicine Knowledge; and preparing to revise the Regulation for the Implementation of the Copyright Law, the Regulation on the Collective Administration of Copyright, and the Regulation on Protection of Integrated Circuit Layout Design.
The draft amendment to the Trademark Law, drafted by China’s National Intellectual Property Administration (“CNIPA”), was published on 13 January 2023 for public comment. The main contents of the draft amendment are to regulate malicious preemptive registration, strengthen trademark use obligations, optimize the review process, strengthen agency supervision, and increase the infringement cost. After the solicitation of public opinions, a total of 3,418 feedbacks were received, of which 2,730 were adopted or partially adopted.
The State Council promulgated the current Regulation on the Protection of New Plant Varieties, which was implemented on 29 July 2014. The latest 2025 Revision of the Regulation, revised by the Ministry of Agriculture and Rural Affairs, was released on 1 May 2025, and will be implemented on 1 June. The 2025 Reversion expands the scope of protected objects and infringements; introduces the substantial derived variety system: extends the protection period to 20 years for vines and 25 years for woody plants; restricts the conditions for granting variety rights in terms of novelty and naming; optimizes the application and examination procedures; and strengthens the legal responsibility and rights protection mechanism.
According to the Plan, the State Council plans to formulate the Regulation on the Protection of Traditional Chinese Medicine Knowledge in 2025 as China’s first legal framework for systematically protecting traditional Chinese medicine knowledge. On 25 October 2021, the State Administration of Traditional Chinese Medicine issued a draft Regulation on the Protection of Traditional Chinese Medicine Knowledge for public opinion. The draft aims to solve the problem of loss and abuse of traditional knowledge through registration and certification, database construction, and benefit-sharing mechanisms. According to the draft, the traditional knowledge refers to the theories, techniques, and symbols of traditional Chinese medicine that have been accumulated through the long-term practice of the Chinese nation, inherited from generation to generation, and have real or potential value. During the National People’s Congress (“NPC”) meeting in March 2024, NPC deputies once again called for the early formulation of the regulation. Therefore, the regulation is likely to be promulgated in the second half of this year.
The current Regulation for the Implementation of the Copyright Law and Regulation on the Collective Administration of Copyright were promulgated by the State Council on 30 January and 7 December 2013, respectively. The former is a supporting administrative regulation of the Copyright Law, which details and clarifies the content of relevant provisions in terms of the definition and type of works, ownership and exercise of rights, protection period of rights, fair use and statutory licenses, infringement liability, and administrative penalties. The latter is China’s core regulation for regulating the operation of copyright collective management organizations, including the China Music Copyright Association and the China Literary Copyright Association, aiming to balance the interests of rights holders, users, and the public. On 11 November 2020, the Standing Committee amended the Copyright Law for the third time. In light of the Copyright Law’s revision and technological development needs, the State Council plans to revise the two regulations in 2025.
The Regulation on Protection of Integrated Circuit Layout Design is China’s core regulation for protecting the exclusive rights of integrated circuit layout designs and promoting technological innovation. Since its promulgation and implementation on 1 October 2001, it has been over 20 years. To adapt to the new needs of the digital economy and technological innovation, the State Council decided to revise the regulation. On 26 December 2024, the CNIPA announced a draft amendment to the regulation for public comments. The main contents of the draft amendments involve improving the registration and confirmation procedures, strengthening the protection of layout-design exclusive rights, promoting the implementation and use of layout-design, and strengthening the connection between administration and justice.
In terms of strengthening the rule of law in foreign-related matters and improving the legal system in foreign-related matters, the State Council plans to formulate the Provisions of the State Council on the Handling of Foreign-Related IP Disputes to improve the mechanism for handling foreign-related IP disputes. On 19 March 2025, the State Council issued the Provisions jointly drafted by the Ministry of Justice, the CNIPA, and MOFCOM. It, implemented since 1 May 2025, has a total of 18 articles, aiming to strengthen IP protection, optimize the mechanism for handling foreign-related IP disputes, safeguard the legitimate rights and interests of Chinese citizens and organizations, and promote high-level opening up and high-quality economic development through measures such as strengthening IP services and information sharing, improving corporate response capabilities, regulating overseas investigations and evidence collection, countering discriminatory measures, and multi-subject collaborative governance.
In conclusion, the State Council’s IP legislation plan 2025 should be completed on time because some of them, such as the Provisions of the State Council on the Handling of Foreign-Related Intellectual Property Disputes and the Regulation on the Protection of New Plant Varieties, have been completed; some, such as the Trademark Law, the Regulation on the Protection of Traditional Chinese Medicine Knowledge and the Regulation on Protection of Integrated Circuit Layout Design, have been published for public comment; and others, such as the Regulation for the Implementation of the Copyright Law and the Regulation on the Collective Administration of Copyright, are also under revision.